PLAINTIFF’S ORIGINAL COMPLAINT

PERSONA

ADDRESS

 

Phone | Fax

Email

 

Plaintiff in pro per

 

IN THE SUPERIOR COURT OF MASSACHUSETTS

IN AND FOR BRISTOL COUNTY

 

PERSONA,

Plaintiff,

vs.

PERSONA,

Defendant

Case No.: Number

PLAINTIFF’S ORIGINAL COMPLAINT

 

NOW COMES Persona, Plaintiff, and files this Complaint against Persona, Defendant, and for cause would show this Honorable Court as follows:

  • PARTIES
  1. Plaintiff  is a law-abiding citizen of sound mind and a resident of ____________
  2. Defendant is a female adult of sound mind and a resident of __________.

  • JURISDICTION AND VENUE
  1. Jurisdiction exists in this Court pursuant to Mass. Gen. Laws. Ch. 212 § 4. 
  2. Venue is proper in this Court because the causes of action took place within Bristol County.

  1. Plaintiff agreed to co-sign a retail installment sale contract to help Defendant purchase a new 2019 Toyota RAV 4, identification number 2T3P1RFV6KC037573. 
  2. Defendant verbally promised Plaintiff that she would not be late in making payments. 
  3. However, Defendant has been late in making payments for no reason at all. She is working and is being paid. 
  4. Plaintiff has requested Defendant multiple times to remove Plaintiff’s name as a co-signor but she has blatantly refused to do so.
  5. As a result of Defendant’s late payments and refusal to remove Plaintiff’s name as a co-signor, Plaintiff’s credibility (credit report) has been, and continues to be ruined.

  • CAUSE OF ACTION

Breach of Contract and Specific Performance

  1. Plaintiff hereby incorporates the facts and allegations set out in Paragraphs 1-9 of this Complaint.
  2. There was a verbal agreement between Plaintiff and Defendant that all parties would make payments on time. Plaintiff can bring a breach of contract claim of the verbal agreement because there is a written agreement in place as required by the Statute of Frauds – Mass. Gen. Laws. Ch. 259 § 1 which states in relevant part as follows: “No action shall be brought: … Second, to charge a person upon a special promise to answer for the debt, default or misdoings of another … Unless the promise, contract or agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or by some person thereunto by him lawfully authorized.”
  3. The retail installment sale contract duly signed by Plaintiff and Defendant upon which this actions is based is attached.
  4. “To prevail on a claim for breach of contract, a plaintiff must demonstrate that there was an agreement between the parties; the agreement was supported by consideration; the plaintiff was ready, willing, and able to perform his or her part of the contract; the defendant committed a breach of the contract; and the plaintiff suffered harm as a result.” Bulwer v. Mount Auburn Hospital, 433 Mass. 672 (2016), citing Singarella v. Boston, 342 Mass. 385, 387 (1961).
  5. Plaintiff has proved that there was an agreement between the parties supported by consideration. Plaintiff performed her part of the contract by making payments on time. On the other hand, Defendant breached, and continues to breach the agreement that requires her to make payments on time. As a result of Defendant’s breach of the contract, Plaintiff’s credibility (credit report) has been, and continues to be ruined. 
  6. Defendant is liable to pay damages to Plaintiff for breach of contract.
  7. Mass. Gen. Laws Ch. 214 § 1A provides as follows: “The fact that the plaintiff has a remedy in damages shall not bar an action for specific performance of a contract, other than one for purely personal services, if the court finds that no other existing remedy, or the damages recoverable thereby is in fact the equivalent of the performance promised by the contract relied on by the plaintiff, and the court may order specific performance if it finds such remedy to be practicable. If performance is not ordered, damages may be determined in the proceeding, and if the defendant claims a jury on that issue, the issue shall be framed and referred for jury trial.”
  8. At this point, Plaintiff’s credit report has been ruined, and it continues to be ruined. The only way to prevent it from being ruined further is to remove Plaintiff’s name as a co-signor. Plaintiff has tried to ask Defendant to remove her name in good faith to no avail. Plaintiff is left with no reprieve as her credit report will continue to be ruined if her name as a co-signor is not removed. Plaintiff would like an order of specific performance compelling Defendant to remove Plaintiff’s name as a co-signor.

  • PRAYER FOR RELIEF

REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests this Honorable Court to grant the following reliefs:

  1. GRANT judgment in favor of Plaintiff and against Defendant;
  2. AWARD Plaintiff damages for breach of contract in the sum of $________;
  3. ISSUE an Order of Specific Performance compelling Defendant to remove Plaintiff’s name as a co-signor;
  4. AWARD Plaintiff costs of this suit, and pre and post-judgment costs;
  5. GRANT Plaintiff such equitable relief as this Court deems fair; and
  6. GRANT Plaintiff such further relief as this Court deems necessary and proper.

 

Dated this ____ day of April, 2022.

 

Respectfully Submitted,

___________________________________

Persona

Plaintiff in pro per

VERIFICATION

I, Persona, being duly sworn depose and say that I have read the foregoing Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

 

_________________________________

(Sign in the presence of a Notary Public)

 

Sworn to and subscribed before me this ___ day of April, 2022.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

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